Common use of Delivery System Clause in Contracts

Delivery System. The parties acknowledge and agree that Ethicon shall have the right to purchase Delivery Systems directly from a third party manufacturer and/or to provide such Delivery Systems itself, but only to the extent that the manufacture, use or sale of such Delivery System is not covered by a Valid Claim of a Patent. In the event Ethicon so elects to obtain or provide a Delivery System, the parties shall negotiate in good faith an equitable adjustment to the Purchase Price to take into account any modification in the costs incurred by Focal as a result thereof.